Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee takes note of the information provided in the Government's first report.

1. The Committee notes from the Government's report that in connection with the ratification of this instrument a complete revision of the national legislation on occupational safety and health had been envisaged. This process had begun from the adoption of Act No. 93 of 1993 after which the laws issued during the preceding period should be reviewed. The process in question has not finished yet. At the same time, a draft National Occupational Safety Programme has been elaborated, and national policy on occupational safety and health is being formulated, in conformity with Article 4 of the Convention. The Committee hopes that the current simultaneous process of the formulation and implementation of a national policy on occupational safety, occupational health and the working environment, on the one hand, and of the adoption of laws and regulations in this sphere, on the other hand, would be achieved in the near future and requests the Government to supply all texts and documentation once they have been adopted.

2. The Committee requests the Government to supply additional information on the following points.

Article 5(a) and (b). The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.

Article 11(a), (b), (c), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.

Article 12. Please indicate measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Article 16, paragraph 2. Please indicate provisions whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.

Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.